** Urgent help needed pls** Probationary Review Meeting?

[Padfoot]

I have been employed since Sept 2011 by my current employer.

 

Today, i get a letter handed to me as i finished inviting me to a "Probationary Review Meeting" with my manager.

 

It states that the purpose of the meeting is "to consider whether the company shall offer you a full time position, extend your probationary period or terminate your employment at the end of your probationary period for failure to reach the required standards".

 

It also mentions that my performance shall be discussed and "shall consider" an alleged incident involving a formal complaint from one of our customers that happened yesterday.

I had already submitted a report of the alleged incident yesterday but have had no further contact from the management regarding it.

 

Now, a couple of months back, i was invited into my then managers (they have recently changed) office and given a letter titled "Job Offer" which was dated 1 month after i started which detailed the offer of a full time position in the company. It does state in this letter that there is a 6 month probationary period. It does state that the period can be extended. Nor does it make any alteration to the Terms and Conditions of employment whilst on probation.

I was asked to sign "Statement of Terms & Conditions of Employment" which the manager referred as to my "contract".

 

The contract states that i am employed "Full Time" . It makes no reference to any probationary period at all.

 

As i already have a contract that states i am employed "Full Time" have they not already offered me a "full time position" which i have accepted and as such cannot form part of the "review" meeting?

 

As there no specific mention of extending probationary periods within either document, can the company legally then extend it? I am under the impression that a probationary period can only be extended where there is express permission for it within the contract of employment?

 

As there has been no "investigation" into the alleged incident of yesterday, can they use this as part of their "review" process? Should it not be a separate matter?

 

Finally, there is no mention of being allowed to be accompanied to the meeting however i believe this is a disciplinary meeting which they are trying to disguise as something else, can i insist on my right to be accompanied?

[BRIGADIER2JCS]

Does this company have an ''Employees Handbook''.

[Padfoot]

Does this company have an ''Employees Handbook''.

 

Not that i have ever seen or heard of.

[BRIGADIER2JCS]

Not that i have ever seen or heard of.

No written disciplinary code? or grievance procedures?

 

I will alert the site team to see if anyone else has any ideas.

[Padfoot]

No written disciplinary code? or grievance procedures?

 

I will alert the site team to see if anyone else has any ideas.

 

There is a discipline policy which i do not have a copy of. And the grievance procedures are contained within the T&C's.

 

I am in the process of writing back to my manager asking for a copy of the discipline policy and to be accompanied.

 

I will hold fire until i hear back on here though!

[BRIGADIER2JCS]

I think that the grievance docs should have been

provided on starting work.

Get that letter to your manager, and remember you

should be able to have an advisor/friend with you.

[Sidewinder]

Your problem is purely one of length of service. A Probationary Period means absolutely nothing in law as it neither adds anything nor takes anything away from your employment rights, which with less than a year's service (shortly to become two years thanks to this Government!) amount to very little. Basically if an employer wants to get rid of you, then they can do this without any fear of comeback until you have worked there for a year, unless you can prove that the decision was motivated by your sex, race, religion etc.

 

All that a PP does is to 'formalise' the fact that the employer can do this, so any argument over whether a PP existed is purely academic and would only become relevant if the PP had been extended and you had worked there for a year. Hope that makes some sense

 

However, you are entirely right to enquire whether this is a disciplinary hearing, rather than a review, in which case if the employer were to be acting properly you should be given the opportunity to have a colleague (or Union Rep) present. Not that the outcome would necessarily be different, nor would the lack of this process make any disciplinary action 'fair' or 'unfair' - merely that it would remind the employer that you should be treated properly.

 

I'm afraid to say that from the outside looking in this does not look promising.

[becky2585]

I agree entirely with SW. People get too caught up on probationary periods, when the reality is you can be dismissed for almost any (or no!) reason during your first 12 months in the job!

[Padfoot]

Small update:

 

Manager approached me today to tell me that it isn't a discipline, as i can't be disciplined because i am only on probation!

[Sidewinder]

Small update:

 

Manager approached me today to tell me that it isn't a discipline, as i can't be disciplined because i am only on probation!

 

Absolute nonsense, but more evidence if it were needed that the 'probationary' status of your employment could be used to justify them not applying basic employment rights!

[Padfoot]

Update:

 

Things are now getting silly! Quick bit of background.....manager who is doing this has a long term partner who was also a driver at our company. He recently got sacked due to fighting in the workplace, and at his appeal evidence was produced from his Facebook page regarding threats he had made. This totally scuppered his chances of coming back.

 

Was informed by my workplace representative before we went into todays meeting that manager who is pursuing this matter believes that it was me who supplied the FB evidence to the management! It wasn't, the rep knows it wasn't me because they know exactly who did supply it, and the senior manager on site knows it wasn't me.

So, now we have my boss with a strong personal motive for revenge. This information was told me in front of a witness as well.

 

The meeting: complete farce really. Didn't have any complaint in writing, all verbal over the phone. Wouldn't let us have a copy of her "notes" just read them out to us stating they were a record of her phone chat with the complainant. 2 phones, the first which pretty much supported my side of events exactly. The 2nd, apparently from today, supported my version of events to a point, but then included some alarming inaccuracies that are just totally untrue.

 

Only asked me 1 question by way of investigation, which i had already answered in the report i wrote following the incident. Following my reply she stated that this was now a disciplinary measure with a hearing scheduled for Thursday!

 

We did discuss my "performance" as part of the review, and my manager feels that 1 occasion of lateness, 1 minor adverse report from a colleague and no time off sickness is not acceptable for a 6 month probationary period! I suggested that when compared with the other 60 odd drivers at our place, it was actually pretty much damn good, she just said "oh well, we're not really comparing drivers!".

 

I have since spoke to my rep (not union just workplace) and suggested that in light of the FB issue there is no way i want this manager anywhere my discipline hearing.....we will see where that goes!

[Padfoot]

Update:

 

Dismissed today with 7 days notice, which i am not required to work. For "misconduct".

 

However, the company have not followed their disciplinary process as they withheld paperwork from me that would have enabled me to prepare for the hearing. I have the right of appeal which i shall be using. Just not holding my breath!

[Sidewinder]

Sorry to hear that - although from your earlier posts I felt this was the most likely outcome. I wouldn't hold out too much hope for the appeal either....

 

Just make sure that if the dismissal is confirmed, you get all of the money that is owed to you.

[Padfoot]

Sorry to hear that - although from your earlier posts I felt this was the most likely outcome. I wouldn't hold out too much hope for the appeal either....

 

Just make sure that if the dismissal is confirmed, you get all of the money that is owed to you.

 

I too was expecting the worst. Everything pointed to it, just simply because of the length of service.....but i didn't know quite how malicious the motivation was behind it!

 

The workplace rep backtracked from the FB rapidly, which leads me to suspect she had been got at by the management, didn't say a single word in todays hearing. I shall do the appeal on my own, can't be any worse off!